The Motor Vehicles (Driving Licences) Regulations 1999

PART II E+W+S LICENCES

Categories of entitlement E+W+S

Classification of vehicles E+W+S

[F1 4.— (1) Subject to regulations 5 and 78, the Secretary of State shall grant licences authorising the driving of motor vehicles in accordance with—

(a) the categories and sub-categories specified in column (1) and defined in column (2) of Parts 1 to 3 and 5 and 6 of Schedule 2;

(b) the former categories and former sub-categories specified in column (1) and defined in column (2) of Part 4 of Schedule 2, other than former category P and former sub-category B1;

(c) the class defined in column (2) of Part 4 of Schedule 2 opposite former sub-category B1 specified in column (1); and

(d) the class defined in column (2) of Part 4 of Schedule 2 opposite former category P specified in column (1).

(2) The categories and sub-categories referred to in paragraph (1)(a) and (b), other than former category P and former sub-category B1, are designated as groups for the purposes of section 89(1)(b) of the Traffic Act.

(3) In these Regulations, expressions relating to vehicle categories have the following meanings—

(a) save for references to a former category or a former sub-category, any reference to a category or sub-category identified by letter, number or word or by any combination of letters, numbers and words is a reference to the category or sub-category defined in column (2) of Schedule 2 opposite that letter or combination in column (1) of the Schedule,

(b) “sub-category” means, in relation to category A, B, C, C+E, D or D+E, a class of vehicles comprising part of the category and identified as a sub-category in column (2) of Schedule 2,

(c) unless the context otherwise requires, a reference to a category includes a reference to sub-categories of that category,

(d) save for references to “former sub-category B1”, “former category N” or “former category P”, a reference to a former category or a former sub-category identified by letter, number or word or by any combination of letters, numbers and words is a reference to the former category or former sub-category defined in column (2) of Part 4 of Schedule 2 opposite the letter or combination in column (1),

(e) “former sub-category B1” means a class of vehicle having three or four wheels and an unladen weight not exceeding 550 kilograms,

(f) “former category N” means vehicles which were exempted from vehicle excise duty under section 7(1) of the Vehicle (Excise) Act 1971, and

(g) “former category P” means a class of vehicle having fewer than four wheels, a maximum design speed not exceeding 50 kilometres per hour and, if propelled by an internal combustion engine, a cylinder capacity not exceeding 50 cubic centimetres.]

Textual Amendments

F1 Reg. 4 substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 3

Classes for which licences may be granted E+W+S

5.—(1) A licence authorising the driving of motor vehicles of a class included in a category or sub-category shown in Part 1 of Schedule 2 may be granted to a person who is entitled thereto by virtue of—

(a) holding or having held a full licence, a full Northern Ireland licence, full British external licence, full British Forces licence, exchangeable licence or Community licence authorising the driving of vehicles of that class, or

(b) having passed a test for a licence authorising the driving of motor vehicles of that class or a Northern Ireland or Gibraltar test corresponding to such a test.

(2) A licence authorising the driving of motor vehicles of a class included in any category or sub-category shown in Part 2 of Schedule 2 may not be granted to a person unless, at a time before 1st January 1997—

(a) in the case of a person applying for a full licence,—

(i) he held a full licence authorising the driving of motor vehicles of that class or a class which by virtue of these Regulations corresponds to a class included in that category or sub-category, or

(ii) he passed a test which at the time it was passed authorised the driving of motor vehicles of such a class or a Northern Ireland test corresponding to such a test;

(b) in the case of a person applying for a provisional licence, he held a provisional licence authorising the driving of vehicles of that class or a class which by virtue of these Regulations corresponds to a class included in that category or sub-category.

(3) A licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages), which are specified in Part 3 of Schedule 2, may not be granted to a person unless, at a time before 12th November 1999—

(a) in the case of a person applying for a full licence, he held a full licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages) or a class of motor vehicles which by virtue of these Regulations corresponds to vehicles included in that sub-category, or

(b) in the case of a person applying for a provisional licence, he held a provisional licence authorising the driving of motor vehicles included in sub-category B1 (invalid carriages) or a class of motor vehicles which by virtue of these Regulations corresponds to vehicles included in that sub-category.

[F2 (4) A licence authorising the driving of motor vehicles of a class shown in column (2) of Part 4 of Schedule 2 opposite a former category or former sub-category (as the case may be) shown in column (1) of that part of that Schedule may not be granted to a person unless, before 19th January 2013, that person held a licence authorising the driving of motor vehicles of that class or passed a test for a licence authorising the driving of motor vehicles of that class.

(5) A licence authorising the driving of category Q vehicles may not be granted to a person unless that person is entitled—

(a) in accordance with paragraph (1), to be granted a full licence authorising the driving of motor vehicles of a class included in category AM, A or B; or

(b) in accordance with paragraph (4), to be granted a full licence authorising the driving of category P vehicles.

(6) A licence authorising the driving of motor vehicles of a class included in category B96, which are specified in Part 6 of Schedule 2, may be granted to a person who is entitled thereto by virtue of holding, or having held, a Community licence authorising the driving of that class.]

Textual Amendments

F2 Reg. 5(4)-(6) added (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 4

Competence to drive classes of vehicle: general E+W+S

6.—(1) Where a person holds, or has held, a relevant full licence authorising him to drive vehicles included in any category or, as the case may be, sub-category he is deemed competent to drive—

(a) vehicles of all classes included in that category or sub-category unless by that licence he is or was authorised to drive—

(i) only motor vehicles of a specified class within that category or sub-category, in which case he shall be deemed competent to drive only vehicles of that class, or

(ii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in that category or sub-category as are so adapted (and for the purposes of this paragraph, [F3 a three-wheeled moped, a light quadricycle, a motor tricycle or] a motor bicycle with a side-car may be treated in an appropriate case as a motor vehicle adapted on account of a disability),

and

(b) all classes of vehicle included in any other category or sub-category which is specified in column (3) of Schedule 2 as an additional category or sub-category in relation to that category or sub-category unless by that licence he is or was authorised to drive—

(i) only motor vehicles having automatic transmission, in which case he shall, subject to paragraph (2), be deemed competent to drive only such classes of motor vehicle included in the additional category or sub-category as have automatic transmission, or

(ii) only motor vehicles adapted on account of a disability, in which case he shall be deemed competent to drive only such classes of vehicle included in the additional category or sub-category as are so adapted.

(2) Where the additional category is F, K or [F4 AM], paragraph (1)(b)(i) shall not apply.

[F5 (2A) Where a relevant full licence authorises the driving of vehicles included in category B and the additional category is category Q or AM, the holder is not deemed competent to drive category Q vehicles or vehicles in category AM unless the licence authorises the driving of such vehicles in accordance with regulation 43(3) and (5).]

(3) In this regulation and regulations 7 and 8, “relevant full licence” means a full licence granted under Part III of the Traffic Act, a full Northern Ireland licence or a Community licence.

Textual Amendments

F3 Words in reg. 6(1)(a)(ii) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 5(a)

F4 Word in reg. 6(2) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 5(b)

F5 Reg. 6(2A) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 5(c)

Competence to drive classes of vehicle: special cases E+W+S

7.—F6 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person who holds a relevant full licence authorising the driving of vehicles included in category D, other than vehicles included in sub-category D1 or D1 (not for hire or reward), may drive a passenger-carrying vehicle recovery vehicle unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only passenger-carrying vehicle recovery vehicles having automatic transmission.

(3) A person may drive an incomplete large vehicle—

(a) having a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in sub-category C1, or

(b) having a working weight exceeding 7.5 tonnes if he holds a relevant full licence authorising the driving of vehicles in category C, other than vehicles in sub-category C1,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only incomplete large vehicles of the appropriate weight specified in paragraph (a) or (b) which have automatic transmission.

(4) A person who holds a relevant full licence authorising the driving of vehicles included in category B, other than vehicles in [F7 former sub-category B1 or sub-category] and B1 (invalid carriages), may drive—

(a) an exempted goods vehicle other than—

(i) a passenger-carrying vehicle recovery vehicle, or

(ii) a mobile project vehicle,

(b) an exempted military vehicle, and

(c) a passenger-carrying vehicle in respect of which the conditions specified in regulation 50(2) or (3) are satisfied,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive only such of the vehicles mentioned in sub-paragraphs (a), (b) and (c) as have automatic transmission.

(5) A person who—

(a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in [F8 former sub-category B1 or sub-category] B1 (invalid carriages),

(b) has held that licence for an aggregate period of not less than 2 years, and

(c) is aged 21 or over,

may drive a mobile project vehicle on behalf of a non-commercial body—

(i) to or from the place where the equipment it carries is to be, or has been, used, or the display or exhibition is to be, or has been, mounted, or

(ii) to or from the place where a mechanical defect in the vehicle is to be, or has been, remedied, or

(iii) in such circumstances that by virtue of paragaph 22 of Schedule 2 to the Vehicle Excise and Registration Act 1994 F9 the vehicle is not chargeable with duty in respect of its use on public roads,

unless by that licence he is authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only mobile project vehicles having automatic transmission.

(6) A person who—

(a) holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in [F10 former sub-category B1 or sub-category] B1 (invalid carriages),

(b) has held that licence for an aggregate period of not less than 2 years,

(c) is aged 21 or over,

(d) if he is aged 70 or over, is not suffering from a relevant disability in respect of which the Secretary of State would be bound to refuse to grant him a Group 2 licence, and

(e) receives no consideration for so doing, other than out-of pocket expenses,

may drive, on behalf of a non-commercial body for social purposes but not for hire or reward, a vehicle of a class included in sub-category D1 which has no trailer attached and has a maximum authorised mass—

(i) not exceeding 3.5 tonnes, excluding any part of that weight which is attributable to specialised equipment intended for the carriage of disabled passengers, and

(ii) not exceeding 4.25 tonnes otherwise,

unless such a person is by that licence authorised to drive only vehicles having automatic transmission, in which case he shall be deemed competent to drive only such vehicles in sub-category D1 as conform to the above specification and have automatic transmission.

(7) A person who holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in [F11 former sub-category B1 or sub-category] B1 (invalid carriages), may drive a vehicle of a class included in category B+E where—

(a) the trailer consists of a vehicle which is damaged or defective and is likely to represent a road safety hazard or obstruction to other road users,

(b) the vehicle is driven only so far as is reasonably necessary in the circumstances to remove the hazard or obstruction, and

(c) he receives no consideration for driving the vehicle,

unless by that licence he is authorised to drive only motor vehicles having automatic transmission, in which case he shall be deemed competent to drive, in the circumstances mentioned above, only vehicles included in category B+E having automatic transmission.

[F12 (8) A person who holds a licence authorising the driving of vehicles included in category B and who has, before 1st February 2001, passed a test (or a Northern Ireland test of competence corresponding to such a test) for such a licence may drive a category P vehicle unless the test or, as the case may be, the practical test was passed on a motor vehicle which was adapted on account of a disability of the person taking the test in which case the person is authorised to drive only such category P vehicles as are so adapted.

(9) Where a person holds a full licence issued before 19th January 2013 authorising the driving of vehicles included in category A, that licence shall not in addition authorise the driving of vehicles in former sub-category B1 unless that person passed the test in respect of that licence (or a Northern Ireland test of competence corresponding to that test) before 1st February 2001.]

[F13 (10) A person who holds a relevant full licence authorising the driving of vehicles of a class included in category B, other than vehicles in former sub-category B1, sub-category B1 or sub-category B1 (invalid carriages) and is aged 21 or over may drive an A3 motor tricycle.]

Textual Amendments

F6 Reg. 7(1) omitted (29.12.2014) by virtue of The Road Traffic Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 (S.I. 2014/3190), regs. 1, 4

F7 Words in reg. 7(4) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 6(a)

F8 Words in reg. 7(5)(a) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 6(b)

F9 1994 c. 22.

F10 Words in reg. 7(6)(a) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 6(b)

F11 Words in reg. 7(7) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 6(b)

F12 Reg. 7(8)(9) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 6(c)

F13 Reg. 7(10) inserted (10.4.2014) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 (S.I. 2014/613), regs. 1, 3

Competence to drive classes of vehicle: dual purpose vehicles E+W+S

8.—(1) Subject to paragraph (2), a person who is a member of the armed forces of the Crown may drive a dual purpose vehicle when it is being used to carry passengers for naval, military or air force purposes—

(a) where the vehicle has a maximum authorised mass not exceeding 3.5 tonnes, if he holds a relevant full licence authorising the driving of vehicles included in category B other than vehicles in [F14 former sub-category B1 or sub-category] B1 (invalid carriages),

(b) where the vehicle has a maximum authorised mass exceeding 3.5 tonnes but not exceeding 7.5 tonnes, if he holds a relevant full licence authorising the driving of vehicles included in sub-category C1,

(c) in any other case, if he holds a relevant full licence authorising the driving of vehicles included in category C other than vehicles in sub-category C1.

(2) Where the person is authorised by his licence to drive only motor vehicles included in the relevant category or sub-category having automatic transmission, he may drive only dual purpose vehicles having automatic transmission.

Textual Amendments

F14 Words in reg. 8(1)(a) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 7

Minimum ages for holding or obtaining licences E+W+S

Minimum ages for holding or obtaining licences E+W+S

9.—(1) Subsection (1) of section 101 of the Traffic Act shall have effect as if for the classes of vehicle and the ages specified in the Table in that subsection there were substituted classes of vehicle and ages in accordance with the following provisions of this regulation.

[F15 (1A) In item 2 (moped), for the class of moped there is substituted the classes of a vehicle in category AM (moped and light quadricycle) and a category Q vehicle.]

[F16 (2) In item 3 (motor bicycle)—

(a) subject to paragraphs (2A) to (2F), for the class of motor bicycle and the age of 17 there is substituted, in respect of full licences, the following—

3(1) A1 motorcycle or A1 motor tricycle	17
3(2) A2 motorcycle	19
3(3) A3 motorcycle	24
3A A3 motor tricycle	24

(b) subject to paragraph (2G), in relation to the class of motor bicycle there is, in respect of provisional licences, substituted for the age of 17 the age of 24.]

[F17 (2A) For the age of 17 in relation to item 3(1) in the table in paragraph (2)(a) there is substituted the age of 16 in the case of a person holding a Community licence authorising the driving of vehicles in sub-category A1.

(2B) For the age of 19 in relation to item 3(2) in the table in paragraph 2(a) there is substituted the age of 18 in the case of a person holding a Community licence authorising the driving of vehicles in sub-category A2.

(2C) For the age of 19 in relation to item 3(2) and the age of 24 in relation to item 3(3) in the table in paragraph 2(a) there is substituted the age of 17 where a person passed a test before 19th January 2013 in respect of a motor bicycle (other than a motor bicycle with an engine the maximum net power output of which is 11 kilowatts or less) and the standard access period has expired.

(2D) For the age of 19 in relation to item 3(2) in the table in paragraph 2(a) there is substituted the age of 17 in a case where the vehicle is—

(a) owned or operated by the Secretary of State for Defence, or

(b) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown,

and is being used for naval, military or air force purposes.

(2E) For the age of 24 in relation to item 3(3) in the table in paragraph 2(a) there is substituted—

(a) the age of 21 in a case where a person has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles;

(b) the age of 20 in the case of a person holding a Community licence authorising the driving of vehicles in sub-category A3; and

(c) the age of 17 in a case where—

(i) the vehicle is being used for naval, military or air force purposes and is—

(aa) owned or operated by the Secretary of State for Defence; or

(bb) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown; or

(ii) a person—

(aa) passes an appropriate driving test after 18th January 2013 on a vehicle of a class in category B or sub-category A2 or A3; and

(bb) was entitled, before 19th January 2013, to a licence to drive a motor bicycle with an engine having a maximum net power output exceeding 25 kilowatts or a power to weight ratio exceeding [F18 0.16] kilowatts per kilogram.

(2F) For the age of 24 in relation to item 3A in the table in paragraph 2(a) there is substituted—

(a) the age of 21 in a case where a person has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles;

(b) the age of 17 in a case where—

(i) the vehicle is—

(aa) owned or operated by the Secretary of State for Defence, or

(bb) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown,

and is being used for naval, military or air force purposes; or

(ii) the person was, before 19th January 2013, entitled to drive vehicles having three or four wheels and an unladen weight not exceeding 550 kilograms.

(2G) For the age of 24 as substituted by paragraph 2(b) there is substituted—

(a) the age of 21 in the case of a provisional licence for the driving of A3 motorcycles where a person has, for a period of not less than two years, held a full licence which authorises the driving of A2 motorcycles;

(b) the age of 19 in the case of a provisional licence which is restricted to the driving of A2 motorcycles;

(c) the age of 17 where a person has passed a test before 19th January 2013 in respect of a motor bicycle (other than a motor bicycle with an engine the maximum net power output of which is 11 kilowatts or less) and the standard access period has expired;

(d) the age of 17 in the case of a provisional licence which is restricted to the driving of A1 motorcycles; and

(e) the age of 17 in a case where the vehicle is—

(i) owned or operated by the Secretary of State for Defence; or

(ii) being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown,

and is being used for naval, military or air force purposes.]

(3) In item 4 (agricultural and forestry tractors), in the case of an agricultural or forestry tractor which—

(a) is so constructed that the whole of its weight is transmitted to the road surface by means of wheels,

(b) has an overall width not exceeding 2.45 metres, and

(c) is driven either—

(i) without a trailer attached to it, or

(ii) with a trailer which has an overall width not exceeding 2.45 metres and is either a two-wheeled or close-coupled four-wheeled trailer,

the age of 16 is substituted for the age of 17 in the case of a person who has passed a test prescribed in respect of category F, or is proceeding to, taking or returning from, such a test.

[F19 (3A) In item 5 (small vehicle) the class of small vehicles except motor tricycles and light quadricycles is substituted for the class of small vehicle.]

[F20 (4) In item 5, the age of 16 is substituted for the age of 17 in the case of a small vehicle driven without a trailer attached where the driver of the vehicle is a person —

(a) who fulfils the requirements set out in paragraph (4A); or

(b) who is in receipt of personal independence payment under Part 4 of the Welfare Reform Act 2012 which includes the mobility component at the enhanced rate in pursuance of section 79 of that Act.]

[F21 (4A) The requirements referred to in paragraph (4)(a) are—

(a) the person has received an award of the higher rate component of the disability living allowance made in pursuance of section 73 of the Social Security Contributions and Benefits Act 1992; and

(b) the award mentioned in sub-paragraph (a) was in force immediately before the 16th birthday of that person; and

(c) the person has made a claim for personal independence payment under Part 4 of the Welfare Reform Act 2012.]

F22 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24 (7) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category C or C+E where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class,

(b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,

(c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or

(d) by reason of being a person in relation to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification as described in sub-paragraph (a).]

[F25 (8) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category C or C+E where the vehicle is being used by the fire service or for maintaining public order or is undergoing road tests for repair or maintenance purposes.

(8A) In item 7, the age of 18 is substituted for the age of 21 in the case of a motor vehicle and trailer combination which is in sub-category C1+E and the maximum authorised mass of the combination does not exceed 12 tonnes.

(8B) Subject to paragraphs (9) and (9B), in item 7 the age of 24 is substituted for the age of 21 in relation to a motor vehicle of a class included in category D or D+E, other than sub-category D1 or D1+E, save—

(a) where the vehicle is being used by the fire service or for maintaining public order or is undergoing road tests for repair or maintenance purposes; or

(b) in respect of a person under the age of 24 who was entitled to a licence to drive a vehicle of that class before 19th January 2013.]

[F26 (9) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in category D or D+E, other than sub-category D1 or D1+E, where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class and is either —

(i) engaged in the carriage of passengers on a regular service over a route which does not exceed 50 kilometres, or

(ii) not engaged in the carriage of passengers,

(b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,

(c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or

(d) by reason of being a person in relation to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification relating to motor vehicles of that class.

(9A) In item 7, the age of 18 is substituted for the age of 21 in relation to a motor vehicle of a class included in sub-category D1 or D1+E where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class,

(b) is using the vehicle as described in regulation 3(2)(e) of the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007,

(c) is authorised by such document as is referred to in regulation 4(5)(d) of those Regulations to drive motor vehicles of that class, or

(d) by reason of being a person to whom regulation 4(7) of those Regulations applies, is not required to have an initial qualification relating to motor vehicles of that class.

(9B) In item 7, the age of 20 is substituted for the age of 21 in relation to a motor vehicle of a class include in category D or D+E, other than sub-category D1 or D1+E, where the person driving the vehicle —

(a) has an initial qualification authorising him to drive motor vehicles of that class, and

(b) is engaged in the carriage of passengers otherwise than on such a service as is described in paragraph (9)(a)(i).]

(10) In items 6 and 7, the age of 17 is substituted for the ages of 18 and 21 respectively in the case of—

(a) motor vehicles owned or operated by the Secretary of State for Defence, or

(b) motor vehicles driven by persons for the time being subject to the orders of a member of the armed forces of the Crown,

when they are being used for naval, military or air force purposes.

(11) In item 7, in the case of an incomplete large vehicle—

(a) which has a working weight not exceeding 3.5 tonnes, the age of 17 is substituted for the age of 21;

(b) which has a working weight exceeding 3.5 tonnes but not exceeding 7.5 tonnes, the age of 18 is substituted for the age of 21.

(12) In item 7, the age of 17 is substituted for the age of 21 in the case of a road roller which—

(a) is propelled otherwise than by steam,

(b) has no wheel fitted with pneumatic, soft or elastic tyres,

(c) has an unladen weight not exceeding 11.69 tonnes, and

(d) is not constructed or adapted for the conveyance of a load other than the following things, namely water, fuel or accumulators used for the purpose of the supply of power to or propulsion of the vehicle, loose tools and objects specially designed to be attached to the vehicle for the purpose of temporarily increasing its weight.

(13) In this regulation—

(a) for the purposes of paragraph (3)—

(i) any implement fitted to a tractor shall be deemed to form part of the tractor notwithstanding that it is not a permanent or essentially permanent fixture,

(ii) “closed-coupled", in relation to wheels on the same side of a trailer, means fitted so that at all times while the trailer is in motion the wheels remain parallel to the longitudinal axis of the trailer and that the distance between the centres of their respective areas of contact with the road surface does not exceed 840 millimetres, and

(iii) “overall width", in relation to a vehicle, means the width of the vehicle measured between vertical planes parallel to the longitudinal axis of the vehicle and passing through the extreme projecting points thereof exclusive of any driving mirror and so much of the distortion of any tyre as is caused by the weight of the vehicle;

F27 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28 (d) in paragraphs (7), (9), (9A) and (9B), “initial qualification” means such initial qualification as is provided for in Article 3(1)(a) of Council Directive 2003/59/EC of the European Parliament and of the Council on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers;

(e) in paragraphs (9) and (9B), expressions which are also used in that Directive have the same meanings as in that Directive[F29 ; and]

(f) in the calculation of the period of time for which a licence has been held there shall be disregarded any deductible period.]

Textual Amendments

F15 Reg. 9(1A) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(a)

F16 Reg. 9(2) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(b)

F17 Reg. 9(2A)-(2G) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(c)

F18 Word in reg. 9(2E)(c)(ii)(bb) substituted (10.4.2014) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 (S.I. 2014/613), regs. 1, 4

F19 Reg. 9(3A) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(d)

F20 Reg. 9(4) substituted (7.10.2013) by The Motor Vehicles (Driving Licences) (Amendment) (No.3) Regulations 2013 (S.I. 2013/2184), regs. 1(2), 2(2)

F21 Reg. 9(4A) inserted (7.10.2013) by The Motor Vehicles (Driving Licences) (Amendment) (No.3) Regulations 2013 (S.I. 2013/2184), regs. 1(2), 2(3)

F22 Reg. 9(5) omitted (10.9.2009) by virtue of The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605), regs. 1(2)(b), 15(2)

F23 Reg. 9(6) omitted (19.1.2013) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(f)

F24 Reg. 9(7)(8) substituted for reg. 9(7) (10.9.2009) by The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605), regs. 1(2)(b), 15(3)

F25 Reg. 9(8)(8A)(8B) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(g)

F26 Reg. 9(9)-(9B) substituted for reg. 9(9) (10.9.2008) by The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605), regs. 1(2)(b), 15(4)

F27 Reg. 9(13)(b)(c) omitted (10.9.2008 for specified purposes, 10.9.2009 in so far as not already in force) by virtue of The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605), regs. 1(2)(b), 15(5)

F28 Reg. 9(13)(d)(e) inserted (10.9.2008 for specified purposes, 10.9.2009 in so far as not already in force) by The Vehicle Drivers (Certificates of Professional Competence) Regulations 2007 (S.I. 2007/605), regs. 1(2)(b), 15(5)

F29 Reg. 9(13)(f) and word inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 8(h)

Applications for licences E+W+S

Applications for the grant of licences: general E+W+S

10.—(1) The Secretary of State may consider an application for the grant of a licence before the date on which the grant of the licence is to take effect if the application is received by him—

(a) in the case of an application for a Group 2 licence, during the period of three months ending on that date,

(b) in any other case, during the period of two months ending on that date,

and may during such period grant the licence so that it takes effect on that date.

(2) For the purposes of subsection (1A)(b) of section 89 of the Traffic Act the holder of an exchangeable licence satisfies the relevant residence requirement if he has been normally resident in Great Britain for a period of not more than five years.

(3) An applicant for a licence who before the licence is granted is required to satisfy the Secretary of State that he has passed a test shall at the time when he applies for the licence deliver to the Secretary of State—

(a) a valid test pass certificate, or

(b) a certificate corresponding to that certificate furnished under the law of Northern Ireland or Gibraltar.

(4) A person may not present a certificate in support of an application as evidence that he has passed—

(a) a test or a theory test, or

(b) a test corresponding to any of those tests conducted under the law of Northern Ireland or the law of Gibraltar,

if the applicant took the test in respect of which the certificate was issued at a time when he was ineligible, by virtue of an enactment contained in the Traffic Act or these Regulations or a corresponding provision of the law of Northern Ireland or the law of Gibraltar, to take the test to which the certificate relates.

(5) An applicant for a Group 2 licence shall, if required to do so by the Secretary of State, submit in support of his application a report (in such form as the Secretary of State may require) signed by a qualified medical practitioner, prepared and dated not more than four months prior to the date on which the licence is to take effect, for the purpose of satisfying the Secretary of State that he is not suffering from a relevant or prospective disability.

Eligibility to apply for provisional licence E+W+S

11.—(1) Subject to the following provisions of this regulation, an applicant for a provisional licence authorising the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation must hold a relevant full licence authorising the driving of motor vehicles of a class included in the category or sub-category specified in column (2) of the table in relation to the first category.

(2) Paragraph (1) shall not apply in the case of an applicant who is a full-time member of the armed forces of the Crown.

(3) For the purposes of paragraph (1), a licence authorising the driving only of vehicles in sub-categories D1 (not for hire or reward), D1+E (not for hire or reward) and C1+E (8.25 tonnes) shall not be treated as a licence authorising the driving of motor vehicles of a class included in sub-categories D1, D1+E and C1+E.

(4) In this regulation, “relevant full licence" means a full licence granted under Part III of the Traffic Act, a full Northern Ireland licence, a full British external licence (other than a licence which is to be disregarded for the purposes of section 89(1)(d) of the Traffic Act by virtue of section 89(2)(c) of that Act F30 ), a full British Forces licence, an exchangeable licence or a Community licence.

TABLE

(1)	(2)
Category or sub-category of licence applied for	Category/sub-category of full licence required
B+E	B
C	B
C1	B
D	B
D1	B
C1+E	C1
C+E	C
D1+E	D1
D+E	D
G	B
H	B

Textual Amendments

F30 Subsection (2)(c) was substituted by the 1989 Act, section 4(3). For designations made under that provision see S.I. 1996/3206.

Restrictions on the grant of large goods and passenger-carrying vehicle driver’s licences E+W+S

12.—(1) An applicant for a large goods or passenger-carrying vehicle driver’s licence shall not, subject to paragraph (2), be granted a licence if, at the date from which the licence applied for is to take effect, any—

(a) large goods or passenger-carrying vehicle driver’s licence held by him is suspended, or

(b) Northern Ireland large goods or passenger-carrying vehicle driver’s licence held by him is suspended,

under section 115 of the Traffic Act or, as the case may be, under the provision of the law for the time being in force in Northern Ireland corresponding to that enactment.

(2) A person may apply for a large goods vehicle driver’s licence notwithstanding that, at the date from which the licence applied for is to take effect, any passenger-carrying vehicle driver’s licence held by him is suspended and such suspension relates to his conduct other than as a driver of a motor vehicle.

(3) An applicant for an LGV trainee driver’s licence—

(a) must be a registered employee of a registered employer (within the meaning of regulation 54), and

(b) must not be a person who—

(i) has been convicted (or is to be treated as if he had been convicted) of an offence as a result of which [F31 at least four penalty points fall] to be taken into account under section 29 of the Offenders Act, or

(ii) has at any time been disqualified by a court for holding or obtaining a licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland licence, and

[F32 (c) must satisfy the Secretary of State that he has satisfactorily completed the off-road elements of the training programme prescribed for drivers of goods vehicles by Council Directive 76/914/EEC (that is those set out in paragraphs 1 and 2.1 to 2.8 of the Annex to the directive)].

(4) An applicant for a large goods vehicle driver’s licence who is a member of the armed forces and is under the age of 21 must not be a person who has—

(a) been convicted (or is, by virtue of section [F33 58A] of the Offenders Act F34 , to be treated as if he had been convicted) of an offence as a result of which [F35 at least four penalty points fall] to be taken into account under section 29 of the Offenders Act F36 , or

(b) at any time been disqualified by a court for holding or obtaining a licence or by a court in Northern Ireland for holding or obtaining a Northern Ireland licence.

Textual Amendments

F31 Words in reg. 12(3)(b)(i) substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 3(2)

F32 Reg. 12(3)(c) substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 3(3)

F33 Word in reg. 12(4)(a) substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 11(a)

F34 Section 58(1) was amended by the 1990 Regulations.

F35 Words in reg. 12(4)(a) substituted (1.4.2003) by The Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2003 (S.I. 2003/636), regs. 1(a), 3(2)

F36 Section 29 was substituted by section 28 of the 1991 Act.

Restrictions on the grant of provisional licences to drive motor bicycles E+W+S

F37 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37 Reg. 13 omitted (1.2.2001) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 4

Fees for licences E+W+S

14.—(1) An applicant for a licence shall pay a fee (if any) determined in accordance with paragraphs (2) and (3).

(2) The fee payable upon an application for a licence shall, in the case of a licence of a description, and (as the case may be) in the circumstances, specified in column (1) of the table set out in Schedule 3, be the fee specified in relation to that licence in column (2) of that table.

(3) When an application is made for a licence which, but for this paragraph, would attract more than one fee, only one fee shall be paid and where the fees are different, that fee shall be the higher or the highest of them.

Provisional licences E+W+S

Duration of provisional licences authorising the driving of motor bicycles E+W+S

15.—(1) Subject to paragraph (2), there is prescribed for the purposes of section 99(2) of the Traffic Act—

(a) a motor bicycle of any class, and

[F38 (b) the same period as is provided by section 99(1) of the Traffic Act in relation to a licence to which section 99(1) applies.]

(2) There are prescribed for the purposes of section 99(2)(b)(ii) of that Act the circumstances that—

(a) the previous licence was surrendered or revoked, otherwise than under subsection (3) or (4) of section 99 of the Traffic Act, or treated as being revoked under section 37(1) of the Offenders Act,

(b) if it has not been so surrendered or revoked, a period of at least one month, commencing on the date of surrender or revocation, would have elapsed before the previous licence would have expired, and

(c) the licence when granted would come into force within the period of one year beginning on the date of surrender or revocation of the previous licence.

Textual Amendments

F38 Reg. 15(1)(b) substituted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 5

[F39 Restrictions on provisional licences: two-wheeled vehicles E+W+S

15A.— (1) A provisional licence granted in respect of a vehicle in category AM or A shall be restricted to such vehicles as have no more than two wheels save where the applicant declares that they are suffering from a relevant disability of such a nature that they are unable to ride a vehicle which has two wheels.

(2) A provisional licence granted in respect of a vehicle with two wheels shall be restricted to vehicles of a class within category AM or A.]

Textual Amendments

F39 Reg. 15A inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 9

Conditions attached to provisional licences E+W+S

16.—(1) A provisional licence of any class is granted subject to the conditions prescribed in relation to a licence of that class in the following paragraphs.

(2) Subject to the following paragraphs, the holder of a provisional licence shall not drive a vehicle of a class which he is authorised to drive by virtue of that licence—

(a) otherwise than under the supervision of a qualified driver who is present with him in or on the vehicle,

(b) unless a distinguishing mark in the form set out in Part 1 of Schedule 4 is displayed on the vehicle in such manner as to be clearly visible to other persons using the road from within a reasonable distance from the front and from the back of the vehicle, or

(c) while it is being used to draw a trailer.

(3) The condition specified in paragraph (2)(a) shall not apply when the holder of the provisional licence—

[F40 (a) is driving a motor vehicle constructed to carry only one person which is not adapted to carry more than one person and is a vehicle in sub-category B1 (invalid carriages), a motor tricycle, a motor vehicle having four wheels and an unladen weight not exceeding 550 kilograms or a motor vehicle of a class included in category F, G, H or K;]

[F41 (aa) is driving a motor vehicle of a class included in [F42 former] sub-category B1 which is adapted to carry only one person and has at any time between 1st August 2002 and 1st March 2003, had the use of an NHS invalid carriage that was issued to him by reason of his having a relevant disability.]

(b) is riding a moped or a motor bicycle with or without a side-car [F43 , a category P vehicle or a category Q vehicle]; or

(c) is driving a motor vehicle, other than a vehicle of a class included in category C, C+E, D or D+E, on a road in an exempted island.

(4) The condition specified in paragraph (2)(b) shall not apply—

(a) when the holder of the provisional licence is driving a motor vehicle on a road in Wales, and

(b) a distinguishing mark in the form set out in Part 2 of Schedule 4 is displayed on the motor vehicle in the manner described in paragraph (2)(b).

(5) The condition specified in paragraph (2)(c) shall not apply to the holder of a provisional licence authorising the driving of a vehicle of a class included in category B+E, C+E, D+E or F, in relation to motor vehicles of that class.

(6) The holder of a provisional licence authorising the driving of—

(a) a moped, F44 ...

(b) a motor bicycle with or without a side-car,

[F45 (c) a category P vehicle, or

(d) a category Q vehicle.]

shall not drive such a vehicle while carrying on it another person.

(7) The holder of a provisional licence authorising the driving of a motor bicycle other than [F46 an A1 motorcycle] shall not drive such a vehicle otherwise than under the supervision of a certified direct access instructorF47 ... who is—

(a) present with him on the road while riding another motor bicycle,

(b) able to communicate with him by means of a radio which is not hand-held while in operation,

(c) supervising only that person or only that person and another person who holds such a provisional licence, and

(d) carrying a valid certificate issued in respect of him by the Secretary of State under regulation 65(4),

while he and the instructor are wearing apparel which is fluorescent or (during hours of darkness) is either fluorescent or luminous.

[F48 (7A) The holder of a provisional licence authorising the driving of a moped or [F49 an A1 motorcycle] shall not drive such a vehicle on a road when undergoing relevant training, unless the instructor giving the training is at all times—

[F50 (a) present with the person holding the licence on the road while riding a two-wheeled vehicle in category AM or A or a category P vehicle or, if the instructor is suffering from a relevant disability of such a nature that they are unable to ride a two-wheeled vehicle, a three-wheeled vehicle in category AM or A, and]

(b) supervising only him or him and not more than 3 other persons each of whom holds such a provisional licence.

(7B) In paragraph (7A)—

(a) “relevant training” means training (otherwise than as part of an approved training course for motor cyclists) in how to drive a moped or [F51 A1 motorcycle] given by a professional instructor; and

(b) “professional instructor” means an instructor paid money or money’s worth for giving such training.]

(8) The holder of a passenger-carrying vehicle driver’s provisional licence shall not drive a vehicle which he is authorised to drive by that licence while carrying any passenger in the vehicle other than—

(a) the person specified in paragraph (2)(a), or

(b) a person who holds a passenger-carrying vehicle driver’s licence and either is giving or receiving instruction in the driving of passenger-carrying vehicles, or has given or received or is to give or receive, such instruction.

(9) The conditions specified in paragraphs (2)(a), (7) and (8) shall not apply when the holder of the provisional licence is undergoing a test.

(10) The conditions specified in paragraphs (2), (6), (7) and (8) shall not apply in relation to the driving of motor vehicles of a class in respect of which the provisional licence holder has been furnished with a valid test pass certificate stating that he has passed a test for the grant of a licence authorising him to drive vehicles of that class.

(11) The condition specified in paragraph (7)(b) shall not apply in the case of a provisional licence holder who is unable, by reason of impaired hearing, to receive directions from the supervising instructor by radio where the licence holder and the instructor are employing a satisfactory means of communication which they have agreed before the start of the journey.

[F52 (11A) The holder of a disability assessment licence shall not drive a vehicle of a class which he is authorised to drive by virtue of the licence otherwise than during a period which—

(a) commences with the beginning of such period prior to the taking of the disability assessment test required by a relevant notice as is specified in writing by the Secretary of State when serving that notice; and

(b) ends with the completion of the test;

and, for these purposes, a “relevant notice” is a notice under section 94(5)(c) of the Traffic Act requiring the person to submit to a disability assessment test.]

(12) In the case of an LGV trainee driver’s licence issued as a provisional licence, this regulation shall apply as modified by regulation 54.

(13) In this regulation—

(a) “exempted island" means any island outside the mainland of Great Britain from which motor vehicles, unless constructed or adapted specially for that purpose, cannot at any time be conveniently driven to a road in any other part of Great Britain by reason of the absence of any bridge, tunnel, ford or other way suitable for the passage of such motor vehicles but excluding any of the following islands, namely, the Isle of Wight, St. Mary’s (Isles of Scilly), the islands of Arran, Barra, Bute, Great Cumbrae, Islay, the island which comprises Lewis and Harris, Mainland Orkney, Mainland Shetland, Mull, the island which comprises North Uist, Benbecula and South Uist and Tiree;

[F53 (aa) “NHS invalid carriage” means a motor vehicle included in sub-category B1 (invalid carriages) that is owned by the Department for Health];

(b) “provisional licence", in relation to a class of vehicles, includes a full licence which is treated, by virtue of section 98 of the Traffic Act, as authorising its holder to drive vehicles of that class as if he held a provisional licence therefor;

(c) “qualified driver" shall be interpreted in accordance with regulation 17.

Textual Amendments

F40 Reg. 16(3)(a) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 10(a)(i)

F41 Reg. 16(3)(aa) inserted (1.3.2003) by Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2003 (S.I. 2003/222), regs. 1, 3(1)

F42 Word in reg. 16(3)(aa) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 10(a)(ii)

F43 Words in reg. 16(3)(b) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 10(a)(iii)

F44 Word in reg. 16(6)(a) omitted (19.1.2013) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 10(b)(i)

F45 Reg. 16(6)(c)(d) added (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 10(b)(ii)

F46 Words in reg. 16(7) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 10(c)

F47 Words in reg. 16(7) omitted (1.2.2001) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 6(2)

F48 Reg. 16(7A)(7B) inserted (1.2.2001) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 (S.I. 2001/53), regs. 1, 6(3)

F49 Words in reg. 16(7A) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 10(d)(i)

F50 Reg. 16(7A)(a) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 10(d)(ii)

F51 Words in reg. 16(7B)(a) substituted (19.1.2013) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 10(e)

F52 Reg. 16(11A) inserted (1.1.2001) by The Motor Vehicles (Driving Licences) (Amendment)(No. 2) Regulations 2000 (S.I. 2000/3157), regs. 1, 4

F53 Reg. 16(13)(aa) inserted (1.3.2003) by Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2003 (S.I. 2003/222), regs. 1, 3(2)

Meaning of “qualified driver" E+W+S

17.—(1) Subject to [F54 paragraphs (2) and (2A)], a person is a qualified driver for the purposes of regulation 16 if he—

(a) is 21 years of age or over,

(b) holds a relevant licence,

(c) has the relevant driving experience, and

(d) in the case of a disabled driver, he is supervising a provisional licence holder who is driving a vehicle of a class included in [F55 categories B, C, D, C+E, or D+E] and would in an emergency be able to take control of the steering and braking functions of the vehicle in which he is a passenger.

(2) In the case of a person who is a member of the armed forces of the Crown acting in the course of his duties for naval, military or air force purposes sub-paragraphs (a) and (c) of paragraph (1) shall not apply.

[F56 (2A) For the purposes of supervising the holder of a provisional licence driving a vehicle of a class included in sub-category C1, C1+E, D1 or D1+E (“the learner vehicle”) which the holder is authorised to drive by that licence, a person is not a qualified driver unless that person has, in addition to meeting the requirements specified in paragraph (1), passed a test in which the vehicle used in the practical test fell within the same sub-category as that of the learner vehicle.]

(3) For the purposes of this regulation—

(a) “disabled driver" means a person who holds a relevant licence which is limited by virtue of a declaration made with his application for the licence or a notice served under section 92(5)(b) of the Traffic Act to vehicles of a particular class;

(b) “full licence" includes a full Northern Ireland licence and a Community licence;

[F57 (c) “relevant licence” means, subject to sub-paragraph (d), a full licence authorising—

(i) the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder, and

(ii) where sub-paragraph (f) applies—

(aa) where that class of vehicle is included within any sub-category specified in column 1 of the table at the end of this regulation, the driving of vehicles in the sub-category specified in column 2 which is opposite that sub-category, or

(bb) where sub-paragraph (aa) does not apply, the driving of vehicles in the category specified in column 2 of that table which is opposite the category specified in column 1 that includes the class of vehicle being driven by the provisional licence holder;

(d) in the case of a disabled driver who holds a licence authorising the driving of vehicles in category B, a relevant licence must authorise the driving of [F58 a quadricycle or vehicles in sub-category B1 (invalid carriages)];

(e) [F59 subject to sub-paragraph (ea),] a person has relevant driving experience if—

(i) where sub-paragraph (c)(i) only applies, he has held the relevant licence for a period of 3 years, or

(ii) where sub-paragraph (c)(ii) applies, he has held the relevant licence authorising the driving of vehicles—

(aa) of the same class as the vehicle being driven by the provisional licence holder for a minimum period of 1 year, and

(bb) in the category or sub-category specified in column 2 described in sub-paragraph (c)(ii) for a minimum period of 3 years;

[F60 (ea) a period before 1st May 2010 during which a person (“the supervising driver”) has held a licence authorising the driving of vehicles included in sub-category C1, C1+E, D1, or D1+E may only be taken into account in assessing whether the supervising driver has the relevant driving experience to supervise the holder of a provisional licence driving such a vehicle, if the supervising driver has passed a test before 1st May 2010 in which the vehicle used for the practical test fell within one of those sub-categories;]

(f) this sub-paragraph applies where—

(i) a person holds a full licence authorising the driving of vehicles of the same class as the vehicle being driven by the provisional licence holder;

(ii) that class is included in a category or sub-category specified in column 1 of the table at the end of this regulation, and

(iii) that person has held that licence for less than a minimum period of 3 years;

(g) for the purposes of sub-paragraphs (e) and (f), the minimum period of time for holding a full licence may be met either by holding that licence continuously for that period or for periods amounting in aggregate to not less than that period.

TABLE

Column 1	Column 2
Categories and sub-categories which include the vehicle being driven by the provisional licence holder	Categories and sub-categories authorised by the relevant licence
C	D
C1	D1
C+E	D+E
C1+E	D1+E
D	C
D1	C1
D+E	C+E
D1+E	C1+E]

Textual Amendments

F54 Words in reg. 17(1) substituted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 5(a)

F55 Words in reg. 17(1)(d) substituted (1.11.2005) by The Motor Vehicles (Driving Licences) (Amendment) (No 2) Regulations 2005 (S.I. 2005/2717), regs. 1, 3(2)

F56 Reg. 17(2A) inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 5(b)

F57 Reg. 17(3)(c)-(g) and Table substituted for reg. 17(3)(c)-(f) and Table (1.4.2006) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2006 (S.I. 2006/524), regs. 1(2), 3(2)

F58 Words in reg. 17(3)(d) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 11

F59 Words in reg. 17(3)(e) inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 5(c)(i)

F60 Reg. 17(3)(ea) inserted (1.5.2010) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2010 (S.I. 2010/1203), regs. 1(2), 5(c)(ii)

Conditions attached to provisional licences: holders of driving permits other than licences granted under Part III of the Traffic Act E+W+S

18.  A holder of a provisional licence authorising the driving of vehicles of any class who also holds a permit by virtue of which he is at any time—

(a) treated, by virtue of regulation 80, as the holder, for the purposes of section 87 of the Traffic Act, of a licence authorising the driving of vehicles of that class, or

(b) entitled, pursuant to article 2(1) of the Motor Vehicles (International Circulation) Order 1975 F61 , to drive motor vehicles of that class,

need not comply with regulation 16 at that time.

Textual Amendments

F61 S.I. 1975/1208. Article 2(1) was substituted by S.I. 1989/993 and amended by S.I. 1991/771.

Full licences [F62 and] provisional entitlement E+W+S

19.— [F63 (1) Sections 98(2) and 99A(5) of the Traffic Act shall apply in accordance with the following paragraphs.]

(2) Subject to paragraphs (3), (4), (5), (6), (11) and (12), the holder of a full licence which authorises the driving of motor vehicles of a class included in a category or sub-category specified in column (1) of the table at the end of this regulation may drive motor vehicles—

(a) of other classes included in that category or sub-category, and

(b) of a class included in each category or sub-category specified, in relation to that category or sub-category, in column (2) of the table,

as if he were authorised by a provisional licence to do so.

(3) Section 98(2) shall not apply to a full licence if it authorises the driving only of motor vehicles adapted on account of a disability, whether pursuant to an application in that behalf made by the holder of the licence or pursuant to a notice served under section 92(5)(b) of the Traffic Act.

[F64 (4) Section 98(2) shall not authorise a person who has not passed a test of competence to drive a moped or a motor bicycle to drive a category P vehicle or a category Q vehicle.]

[F65 (4A) In the case of a full licence granted before 19th January 2013 which authorises the driving of a class of standard motor bicycles, other than motor bicycles with an engine the maximum net power output of which is 11 kilowatts or less, section 98(2) shall not apply so as to authorise the driving of an A3 motorcycle before the expiration of the standard access period.

(4B) Section 98(2) shall not apply so as to authorise the driving, as if authorised by a provisional licence, of vehicles of any class included in category B96.]

F66 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In the case of a full licence which authorises the driving of a class of vehicles included in category C or C+E, paragraph (2) applies subject to the provisions of regulation 54.

(7) Subject to paragraphs (8), (9), (10), (11) and (12), the holder of a Community licence to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain motor vehicles of a class included in a category or sub-category specified in column (1) of the Table at the end of this regulation may drive motor vehicles—

(a) of other classes included in that category or sub-category, and

(b) of a class included in each category or sub-category specified, in relation to that category or sub-category, in column (2) of the Table,

as if he were authorised by a provisional licence to do so.

(8) Section 99A(5) shall not apply to a Community licence if it authorises the driving only of motor vehicles adapted on account of a disability.

(9) In the case of a Community licence [F67 granted before 19th January 2013] which authorises the driving of a class of standard motor bicycle other than bicycles included in sub-category A1, section 99A(5) shall not apply so as to authorise the driving of [F68 an A3 motorcycle] by a person under the age of 21 before the expiration of the period of two years commencing on the date when that person passed a test for a licence authorising the driving of that class of standard motor bicycle (and in calculating the expiration of that period, any period during which that person has been disqualified for holding or obtaining a licence shall be disregarded).

(10) In the case of a Community licence which authorises the driving only of motor bicycles of a class included in sub-category A1 section 98(2) shall not apply so as to authorise the driving of [F69 an A3 motorcycle] by a person under the age of 21.

(11) Except to the extent provided in paragraph (12), section 98(2) shall not apply to a full licence, and section 99A(5) shall not apply to a Community licence, in so far as it authorises its holder to drive motor vehicles of any class included in category B+E, C+E, D+E or K or in sub-category B1 (invalid carriages), C1 or D1 (not for hire or reward).

(12) A person—

(a) who holds a full licence authorising the driving only of those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability), or

(b) who holds a Community licence, to whom section 99A(5) of the Traffic Act applies and who is authorised to drive in Great Britain only those classes of vehicle included in a category or sub-category specified in paragraph (11) which have automatic transmission (and are not otherwise adapted on account of a disability),

may drive motor vehicles of all other classes included in that category or sub-category which have manual transmission as if he were authorised by a provisional licence to do so.

[F70 TABLE

(1) Full licence held	(2) Provisional entitlement included
AM	A, B, F and K
A1	A, B, F and K
A2	A, B, F and K
A3	B, F and K
B	A, B+E, G and H
C1	C1+E
C	C1+E, C+E
D1	D1+E
D	D1+E, D+E
F	Q, AM and B
G	H
H	G]

Textual Amendments

F62 Word in reg. 19 heading substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 12

F63 Reg. 19(1) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(a)

F64 Reg. 19(4) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(b)

F65 Reg. 19(4A)(4B) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(c)

F66 Reg. 19(5) omitted (19.1.2013) by virtue of The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(d)

F67 Words in reg. 19(9) inserted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(e)(i)

F68 Words in reg. 19(9) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(e)(ii)

F69 Words in reg. 19(10) substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(f)

F70 Reg. 19 table substituted (19.1.2013) by The Motor Vehicles (Driving Licences) (Amendment) Regulations 2012 (S.I. 2012/977), reg. 1(2), Sch. 3 para. 13(g)

Miscellaneous E+W+S

Signatures on licences E+W+S

20.  In order that a licence may show the usual form of signature of its holder—

(a) where the Secretary of State so requires, a person applying for a licence shall provide the Secretary of State with a specimen of his signature which can be electronically recorded and reproduced on the licence;

(b) where no such requirement is made, a person to whom a licence is granted shall forthwith sign it in ink in the space provided.

Lost or defaced licences E+W+S

21.—(1) If the holder of a licence—

(a) satisfies the Secretary of State that—

(i) the licence F71 ... has been lost or defaced; and

(ii) the holder is entitled to continue to hold the licence; and

(b) pays the fee prescribed by regulation 14,

[F72 the Secretary of State shall, on the surrender of any licence that has not been lost, issue to him a duplicate licence and the duplicate so issued shall have the same effect as the original.].

(2) If at any time while a duplicate licence is in force the original licence is found, the person to whom the original licence was issued, if it is in his possession, shall return it to the Secretary of State, or if it is not in his possession, but he becomes aware that it is found, shall take all reasonable steps to take possession of it and if successful shall return it as soon as may be to the Secretary of State.

F73 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71 Words in reg. 21(1)(a)(i) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 11(b)(i)(aa)

F72 Words in reg. 21(1) substituted (8.6.2015) by The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 11(b)(i)(bb)

F73 Reg. 21(3) omitted (8.6.2015) by virtue of The Road Safety Act 2006 (Consequential Amendments) Order 2015 (S.I. 2015/583), art. 1(1), Sch. 2 para. 11(b)(ii)

[F74 Exchangeable licences E+W+S

21A.— (1) Where an exchangeable licence is exchanged for a licence such an exchange must be recorded on the licence and on any subsequent renewal or replacement.

(2) An exchange as described in paragraph (1) may only occur if the exchangeable licence has been surrendered to the Secretary of State.]

Textual Amendments

F74 Reg. 21A inserted (29.12.2014) by The Road Traffic Act 1988 and Motor Vehicles (Driving Licences) (Amendment) Regulations 2014 (S.I. 2014/3190), regs. 1, 5

[F75 Prohibition on holding more than one licence E+W+S

21B.— (1) A person must not hold more than one licence.

(2) In this regulation, “licence” includes a Northern Ireland licence and a Community licence.

(3) In this regulation, “Community licence” does not include a document authorising the holder to drive a motor vehicle which was issued by a state before the date on which that state became a member State or the date on which that state became a party to the EEA agreement.]

Textual Amendments

F75 Reg. 21B inserted (26.3.2015) by The Motor Vehicles (Driving Licences) (Amendment) (No.3) Regulations 2015 (S.I. 2015/719), regs. 1(2), 4